Terms of Engagement

1. Client Obligations

• 1.1 – The Client or their appointed agents will supply such information to the Building Control Partnership at such times as is reasonably required for the delivery of the services. Information will include copies of the design drawings and calculations and all relevant site information including the location of sewers, presence of contaminates, etc.
• 1.2 – The Client will notify the Building Control Partnership in writing of the appointment of an agent acting on behalf of the Client or of any change, variation of services, and/or dismissal of the Principal Designer and/or Principal Contractor.
• 1.3 – The Client or their agent will make available during normal working hours proper and safe access to the site for the Building Control Partnership to carry out inspections of work.
• 1.4 – The Client, designers and contractors will be responsible for the planning, management and monitoring of the project, in accordance with Part 2A of the Building Regulations, to ensure compliance with Building Regulations and all other relevant legislation. The Building Control Partnership will take all reasonable steps to satisfy itself as to the project’s compliance with the Building Regulations.
• 1.5 – The client will only appoint principal designers and contractors who have proven competency to undertake the design and construction of the project

2. Payment and Fees

• 2.1 – The Client will be responsible for the payment of all individually assessed fees and charges as notified by the Building Control Partnership, for the performance of the services. Payment of fees and charges may be nominated to other parties associated with the application but remain the legal responsibility of the client if not paid.
• 2.2 – The Building Control fees are based on the Building Control Partnership’s published hourly rate and the time it can be reasonably expected for the Partnership to fulfil its functions.
• 2.3 – The Building Control Partnership reserves the right to make additional charges if the work:
  • Proves to be more complex than it initially appears, or
  • Last for more than 12 months unless agreed at the time of application/quote, or
  • Non-compliant work needs to be extensively re-inspected, or
  • A project remains dormant for over one year and then the Building Control Partnership is contacted for an inspection.
  • Includes notifiable works not covered by the scope of the application.

These supplementary charges are to cover the cost of the additional work involved in this process

3. Schedule of Services

• 3.1 – The Building Control Partnership hereby agrees to provide the following Building Control
  services:
  • 3.1.1 – To register the Building Notice, Application for Building Control Approval with Full Plans, Regularisation application or Reversion application upon receipt of a fully completed and valid application and associated charge, in accordance with the relevant sections of the Building Regulations.
  • 3.1.2 – To allocate a suitable Registered Building Inspector, registered at an appropriate level for the works proposed, to oversee the application and/or supervise the activities of other Inspectors. This will be advised in the letter of acknowledgement following the submission of the Building Regulation application.
  • 3.1.3 – To carry out statutory consultations and non-statutory consultations as appropriate to
    the project.
  • 3.1.4 – To assess the submitted application in accordance with the Building Regulation 14A and to issue the appropriate decision advice notice.
  • 3.1.5 – To make periodic visits to the site to determine compliance with the Building Regulations at pre-determined stages or upon request.
  • 3.1.6 – To issue a Completion Certificate (or Regularisation Certificate as appropriate) to the Client at satisfactory completion of building works.
• 3.2 – Whilst the Building Control Partnership may provide compliance guidance or advice relating to designs and relevant statutory requirements, this does not make the Building Control Partnership a designer. Responsibility for design and compliance with The Building Regulations rests solely with the Client or their appointed designers, consultants and
  contractors.
• 3.3 – The services provided by the Building Control Partnership do not include managing the
  project to ensure compliance with the Building Regulations or for ensuring that quality control
  of the building work is achieved.

4. Insurance

• 4.1 – The Building Control Partnership maintains adequate insurance, as required, to comply with the guidelines issued by the Ministry of Housing, Communities and Local Government.

5. Notices

• 5.1 – Any notice to be given under this Application shall be in writing and delivered by email or sent by post to the address shown in the Application or to such other address as one party may have specified from time to time by written notice to the other.
• 5.2 – Such notices shall be deemed to have been received on the day of delivery, or the next working day if delivery is made outside of standard working hours.
• 5.3 – Where under this Application an act is required to be completed within a specified period of days after or from a specified date, the period shall begin immediately after that date. Where the period would include a day which is a Christmas Day, Good Friday, or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday, that day shall be excluded.

6. Use of information and Data Protection

• 6.1 – The Building Control functions provided by the Building Control Partnership are statutory
  functions. The information we require and maintain is set out in legislation, including the Building Act 1984 and the Building Regulations.
• 6.2 – Full details of how we use your information and protect your privacy can be found on the BCP website – Building Control Partnership
• 6.3 – As part of the Building Control functions and activities, the Building Control Partnership are required to disclose project and personal details, including but not limited to plans, structural calculations and the name and address of the Client or their appointed agents, to other regulatory authorities, other local authorities and to relevant statutory authorities or organisations in order to carry out statutory and non-statutory consultations to assess compliance with the Building Regulations.

7. Complaints

• 7.1 – In the event that the Client or their appointed agents have a complaint in respect of the performance of the Building Control Partnership’s Building Control service under this Application, without prejudice to any other remedy available, they will be entitled to have access to the complaints handling procedure maintained by the Partnership constituent local
  authorities.
• 7.2 – Full details of the Complaints Procedure for Fareham Borough Council can be found at Complaints and also for Havant Borough Council at Complaints – Havant Borough Council, Portsmouth City Council at Complaints – Portsmouth City Council and for Gosport Borough Council at Corporate Complaints – Gosport Borough Council

8. Planning Permissions

• 8.1 – In all circumstances it is the Client’s responsibility to ensure all necessary planning approvals are gained, where applicable, and adhered to. The Building Control Partnership holds no responsibility for checking such legislative approvals have been obtained, nor that any associated conditions are complied with.
• 8.2 – It is the Client’s responsibility to ensure that compliance with requirements of the Town and Country Planning Act 1990 does not impact on compliance with the Building Regulations.

9. CDM Regulations

• 9.1 – In all circumstances it is the Client’s responsibility to ensure compliance with the Construction Design and Management Regulations 2015. A suitably qualified Principal Designer will need to be appointed prior to works commencing, where required.

10. Water Authority Approvals and Conditions

• 10.1 – In all circumstances it is the Client’s responsibility to ensure all necessary Water
  Authority approvals and conditions are gained, where applicable, and adhered to.

11. The Party Wall Act 1996

• 11.1 – Work on or close to party walls etc. is controlled by The Party Wall Act 1996 .This places a duty on the owner(s) of the building where the work is being undertaken to give notice to any affected neighbour(s). In signing the Building Regulation application form and agreeing to BCP’s Terms of Engagement you are assumed to have read and understood your responsibilities under the Party Wall Act 1996.

12. Environment Agency

• 12.1 – In all circumstances it is the Client’s responsibility to ensure all necessary Environment
  Agency approvals and conditions are gained, where applicable, and adhered to.

13. Contamination

• 13.1 – In all circumstances it is the Client’s responsibility to ensure all associated legislations, approvals and conditions regarding contamination are adhered to.